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(영문) 서울중앙지방법원 2021.01.21 2020나42783
부당이득금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. Whether the subsequent appeal is lawful;

(a) The following facts are apparent in the records or are obvious to this court:

1) The duplicate of the complaint of this case filed by the Plaintiff against the Defendant was unknown on September 24, 2019, and was impossible to serve on October 29, 2019 due to the absence of a closed text, but was sent again to the Defendant on November 14, 2019.

Since the Defendant did not submit a written response, the first instance court sent a notice of the date of adjudication (non-drawing) to the same address on January 15, 2020, which was impossible to serve due to the absence of closure on January 15, 2020. Although a notice of the date of change was sent, it was impossible to serve on March 23, 2020 due to the failure of directors on March 23, 2020, and served on March 20, 2020.

2) On April 24, 2020, the first instance court rendered a judgment of the first instance court that received the Plaintiff’s request on April 24, 2020, and served the original copy of the judgment of the first instance on the domicile, but was not served by the director’s unknown address, and sent the original judgment by public notice, and the service to the Defendant was effective at the time of May 80, 2020.

3) The Defendant filed an appeal for the subsequent completion of the judgment on June 30, 2020 where the period of appeal for 14 days elapsed from the date of service of the original judgment.

B. 1) The phrase “reasons for which a party cannot be held liable”, which is a requirement for subsequent supplementation of the litigation under Article 173(1) of the Civil Procedure Act, refers to the reasons why the party could not comply with the time limit despite the party’s due diligence for conducting the litigation. In a case where the service of a document was made by means of public notice as the party was unable to serve the document in an ordinary way during the litigation process and was made by means of public notice, the delivery of a copy of the complaint was made by means of public notice, and thus, the party is obliged to investigate the progress of the lawsuit from the beginning, and if the party fails to comply with the peremptory period due to the party’s failure to investigate the progress of the lawsuit.

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